Legal Scholars Say Bush Has Ignored Over 750 Laws

[Gold9472]

Bush challenges hundreds of laws
President cites powers of his office

http://www.boston.com/news/nation/washington/articles/2006/04/30/bush_challenges_hundreds_of_laws/

By Charlie Savage, Globe Staff | April 30, 2006

WASHINGTON -- President Bush has quietly claimed the authority to disobey more than 750 laws enacted since he took office, asserting that he has the power to set aside any statute passed by Congress when it conflicts with his interpretation of the Constitution.

Among the laws Bush said he can ignore are military rules and regulations, affirmative-action provisions, requirements that Congress be told about immigration services problems, ''whistle-blower" protections for nuclear regulatory officials, and safeguards against political interference in federally funded research.

Legal scholars say the scope and aggression of Bush's assertions that he can bypass laws represent a concerted effort to expand his power at the expense of Congress, upsetting the balance between the branches of government. The Constitution is clear in assigning to Congress the power to write the laws and to the president a duty ''to take care that the laws be faithfully executed." Bush, however, has repeatedly declared that he does not need to ''execute" a law he believes is unconstitutional.

Former administration officials contend that just because Bush reserves the right to disobey a law does not mean he is not enforcing it: In many cases, he is simply asserting his belief that a certain requirement encroaches on presidential power.

But with the disclosure of Bush's domestic spying program, in which he ignored a law requiring warrants to tap the phones of Americans, many legal specialists say Bush is hardly reluctant to bypass laws he believes he has the constitutional authority to override.

Far more than any predecessor, Bush has been aggressive about declaring his right to ignore vast swaths of laws -- many of which he says infringe on power he believes the Constitution assigns to him alone as the head of the executive branch or the commander in chief of the military.

Many legal scholars say they believe that Bush's theory about his own powers goes too far and that he is seizing for himself some of the law-making role of Congress and the Constitution-interpreting role of the courts.

Phillip Cooper, a Portland State University law professor who has studied the executive power claims Bush made during his first term, said Bush and his legal team have spent the past five years quietly working to concentrate ever more governmental power into the White House.

''There is no question that this administration has been involved in a very carefully thought-out, systematic process of expanding presidential power at the expense of the other branches of government," Cooper said. ''This is really big, very expansive, and very significant."

For the first five years of Bush's presidency, his legal claims attracted little attention in Congress or the media. Then, twice in recent months, Bush drew scrutiny after challenging new laws: a torture ban and a requirement that he give detailed reports to Congress about how he is using the Patriot Act.

Bush administration spokesmen declined to make White House or Justice Department attorneys available to discuss any of Bush's challenges to the laws he has signed.

Instead, they referred a Globe reporter to their response to questions about Bush's position that he could ignore provisions of the Patriot Act. They said at the time that Bush was following a practice that has ''been used for several administrations" and that ''the president will faithfully execute the law in a manner that is consistent with the Constitution."

But the words ''in a manner that is consistent with the Constitution" are the catch, legal scholars say, because Bush is according himself the ultimate interpretation of the Constitution. And he is quietly exercising that authority to a degree that is unprecedented in US history.

Bush is the first president in modern history who has never vetoed a bill, giving Congress no chance to override his judgments. Instead, he has signed every bill that reached his desk, often inviting the legislation's sponsors to signing ceremonies at which he lavishes praise upon their work.

Then, after the media and the lawmakers have left the White House, Bush quietly files ''signing statements" -- official documents in which a president lays out his legal interpretation of a bill for the federal bureaucracy to follow when implementing the new law. The statements are recorded in the federal register.

In his signing statements, Bush has repeatedly asserted that the Constitution gives him the right to ignore numerous sections of the bills -- sometimes including provisions that were the subject of negotiations with Congress in order to get lawmakers to pass the bill. He has appended such statements to more than one of every 10 bills he has signed.

''He agrees to a compromise with members of Congress, and all of them are there for a public bill-signing ceremony, but then he takes back those compromises -- and more often than not, without the Congress or the press or the public knowing what has happened," said Christopher Kelley, a Miami University of Ohio political science professor who studies executive power.

Military link
Many of the laws Bush said he can bypass -- including the torture ban -- involve the military.

The Constitution grants Congress the power to create armies, to declare war, to make rules for captured enemies, and ''to make rules for the government and regulation of the land and naval forces." But, citing his role as commander in chief, Bush says he can ignore any act of Congress that seeks to regulate the military.

On at least four occasions while Bush has been president, Congress has passed laws forbidding US troops from engaging in combat in Colombia, where the US military is advising the government in its struggle against narcotics-funded Marxist rebels.

After signing each bill, Bush declared in his signing statement that he did not have to obey any of the Colombia restrictions because he is commander in chief.

Bush has also said he can bypass laws requiring him to tell Congress before diverting money from an authorized program in order to start a secret operation, such as the ''black sites" where suspected terrorists are secretly imprisoned.

Congress has also twice passed laws forbidding the military from using intelligence that was not ''lawfully collected," including any information on Americans that was gathered in violation of the Fourth Amendment's protections against unreasonable searches.

Congress first passed this provision in August 2004, when Bush's warrantless domestic spying program was still a secret, and passed it again after the program's existence was disclosed in December 2005.

On both occasions, Bush declared in signing statements that only he, as commander in chief, could decide whether such intelligence can be used by the military.

In October 2004, five months after the Abu Ghraib torture scandal in Iraq came to light, Congress passed a series of new rules and regulations for military prisons. Bush signed the provisions into law, then said he could ignore them all. One provision made clear that military lawyers can give their commanders independent advice on such issues as what would constitute torture. But Bush declared that military lawyers could not contradict his administration's lawyers.

Other provisions required the Pentagon to retrain military prison guards on the requirements for humane treatment of detainees under the Geneva Conventions, to perform background checks on civilian contractors in Iraq, and to ban such contractors from performing ''security, intelligence, law enforcement, and criminal justice functions." Bush reserved the right to ignore any of the requirements.

The new law also created the position of inspector general for Iraq. But Bush wrote in his signing statement that the inspector ''shall refrain" from investigating any intelligence or national security matter, or any crime the Pentagon says it prefers to investigate for itself.

Bush had placed similar limits on an inspector general position created by Congress in November 2003 for the initial stage of the US occupation of Iraq. The earlier law also empowered the inspector to notify Congress if a US official refused to cooperate. Bush said the inspector could not give any information to Congress without permission from the administration.

Oversight questioned
Many laws Bush has asserted he can bypass involve requirements to give information about government activity to congressional oversight committees.

In December 2004, Congress passed an intelligence bill requiring the Justice Department to tell them how often, and in what situations, the FBI was using special national security wiretaps on US soil. The law also required the Justice Department to give oversight committees copies of administration memos outlining any new interpretations of domestic-spying laws. And it contained 11 other requirements for reports about such issues as civil liberties, security clearances, border security, and counternarcotics efforts.

After signing the bill, Bush issued a signing statement saying he could withhold all the information sought by Congress.

Likewise, when Congress passed the law creating the Department of Homeland Security in 2002, it said oversight committees must be given information about vulnerabilities at chemical plants and the screening of checked bags at airports.

It also said Congress must be shown unaltered reports about problems with visa services prepared by a new immigration ombudsman. Bush asserted the right to withhold the information and alter the reports.

On several other occasions, Bush contended he could nullify laws creating ''whistle-blower" job protections for federal employees that would stop any attempt to fire them as punishment for telling a member of Congress about possible government wrongdoing.

When Congress passed a massive energy package in August, for example, it strengthened whistle-blower protections for employees at the Department of Energy and the Nuclear Regulatory Commission.

The provision was included because lawmakers feared that Bush appointees were intimidating nuclear specialists so they would not testify about safety issues related to a planned nuclear-waste repository at Yucca Mountain in Nevada -- a facility the administration supported, but both Republicans and Democrats from Nevada opposed.

When Bush signed the energy bill, he issued a signing statement declaring that the executive branch could ignore the whistle-blower protections.

Bush's statement did more than send a threatening message to federal energy specialists inclined to raise concerns with Congress; it also raised the possibility that Bush would not feel bound to obey similar whistle-blower laws that were on the books before he became president. His domestic spying program, for example, violated a surveillance law enacted 23 years before he took office.

David Golove, a New York University law professor who specializes in executive-power issues, said Bush has cast a cloud over ''the whole idea that there is a rule of law," because no one can be certain of which laws Bush thinks are valid and which he thinks he can ignore.

''Where you have a president who is willing to declare vast quantities of the legislation that is passed during his term unconstitutional, it implies that he also thinks a very significant amount of the other laws that were already on the books before he became president are also unconstitutional," Golove said.

End Part I

[Gold9472]

Defying Supreme Court
Bush has also challenged statutes in which Congress gave certain executive branch officials the power to act independently of the president. The Supreme Court has repeatedly endorsed the power of Congress to make such arrangements. For example, the court has upheld laws creating special prosecutors free of Justice Department oversight and insulating the board of the Federal Trade Commission from political interference.

Nonetheless, Bush has said in his signing statements that the Constitution lets him control any executive official, no matter what a statute passed by Congress might say.

In November 2002, for example, Congress, seeking to generate independent statistics about student performance, passed a law setting up an educational research institute to conduct studies and publish reports ''without the approval" of the Secretary of Education. Bush, however, decreed that the institute's director would be ''subject to the supervision and direction of the secretary of education."

Similarly, the Supreme Court has repeatedly upheld affirmative-action programs, as long as they do not include quotas. Most recently, in 2003, the court upheld a race-conscious university admissions program over the strong objections of Bush, who argued that such programs should be struck down as unconstitutional.

Yet despite the court's rulings, Bush has taken exception at least nine times to provisions that seek to ensure that minorities are represented among recipients of government jobs, contracts, and grants. Each time, he singled out the provisions, declaring that he would construe them ''in a manner consistent with" the Constitution's guarantee of ''equal protection" to all -- which some legal scholars say amounts to an argument that the affirmative-action provisions represent reverse discrimination against whites.

Golove said that to the extent Bush is interpreting the Constitution in defiance of the Supreme Court's precedents, he threatens to ''overturn the existing structures of constitutional law."

A president who ignores the court, backed by a Congress that is unwilling to challenge him, Golove said, can make the Constitution simply ''disappear."

Common practice in '80s
Though Bush has gone further than any previous president, his actions are not unprecedented.

Since the early 19th century, American presidents have occasionally signed a large bill while declaring that they would not enforce a specific provision they believed was unconstitutional. On rare occasions, historians say, presidents also issued signing statements interpreting a law and explaining any concerns about it.

But it was not until the mid-1980s, midway through the tenure of President Reagan, that it became common for the president to issue signing statements. The change came about after then-Attorney General Edwin Meese decided that signing statements could be used to increase the power of the president.

When interpreting an ambiguous law, courts often look at the statute's legislative history, debate and testimony, to see what Congress intended it to mean. Meese realized that recording what the president thought the law meant in a signing statement might increase a president's influence over future court rulings.

Under Meese's direction in 1986, a young Justice Department lawyer named Samuel A. Alito Jr. wrote a strategy memo about signing statements. It came to light in late 2005, after Bush named Alito to the Supreme Court.

In the memo, Alito predicted that Congress would resent the president's attempt to grab some of its power by seizing ''the last word on questions of interpretation." He suggested that Reagan's legal team should ''concentrate on points of true ambiguity, rather than issuing interpretations that may seem to conflict with those of Congress."

Reagan's successors continued this practice. George H.W. Bush challenged 232 statutes over four years in office, and Bill Clinton objected to 140 laws over his eight years, according to Kelley, the Miami University of Ohio professor.

Many of the challenges involved longstanding legal ambiguities and points of conflict between the president and Congress.

Throughout the past two decades, for example, each president -- including the current one -- has objected to provisions requiring him to get permission from a congressional committee before taking action. The Supreme Court made clear in 1983 that only the full Congress can direct the executive branch to do things, but lawmakers have continued writing laws giving congressional committees such a role.

Still, Reagan, George H.W. Bush, and Clinton used the presidential veto instead of the signing statement if they had a serious problem with a bill, giving Congress a chance to override their decisions.

But the current President Bush has abandoned the veto entirely, as well as any semblance of the political caution that Alito counseled back in 1986. In just five years, Bush has challenged more than 750 new laws, by far a record for any president, while becoming the first president since Thomas Jefferson to stay so long in office without issuing a veto.

''What we haven't seen until this administration is the sheer number of objections that are being raised on every bill passed through the White House," said Kelley, who has studied presidential signing statements through history. ''That is what is staggering. The numbers are well out of the norm from any previous administration."

Exaggerated fears?
Some administration defenders say that concerns about Bush's signing statements are overblown. Bush's signing statements, they say, should be seen as little more than political chest-thumping by administration lawyers who are dedicated to protecting presidential prerogatives.

Defenders say the fact that Bush is reserving the right to disobey the laws does not necessarily mean he has gone on to disobey them.

Indeed, in some cases, the administration has ended up following laws that Bush said he could bypass. For example, citing his power to ''withhold information" in September 2002, Bush declared that he could ignore a law requiring the State Department to list the number of overseas deaths of US citizens in foreign countries. Nevertheless, the department has still put the list on its website.

Jack Goldsmith, a Harvard Law School professor who until last year oversaw the Justice Department's Office of Legal Counsel for the administration, said the statements do not change the law; they just let people know how the president is interpreting it.

''Nobody reads them," said Goldsmith. ''They have no significance. Nothing in the world changes by the publication of a signing statement. The statements merely serve as public notice about how the administration is interpreting the law. Criticism of this practice is surprising, since the usual complaint is that the administration is too secretive in its legal interpretations."

But Cooper, the Portland State University professor who has studied Bush's first-term signing statements, said the documents are being read closely by one key group of people: the bureaucrats who are charged with implementing new laws.

Lower-level officials will follow the president's instructions even when his understanding of a law conflicts with the clear intent of Congress, crafting policies that may endure long after Bush leaves office, Cooper said.

''Years down the road, people will not understand why the policy doesn't look like the legislation," he said.

And in many cases, critics contend, there is no way to know whether the administration is violating laws -- or merely preserving the right to do so.

Many of the laws Bush has challenged involve national security, where it is almost impossible to verify what the government is doing. And since the disclosure of Bush's domestic spying program, many people have expressed alarm about his sweeping claims of the authority to violate laws.

In January, after the Globe first wrote about Bush's contention that he could disobey the torture ban, three Republicans who were the bill's principal sponsors in the Senate -- John McCain of Arizona, John W. Warner of Virginia, and Lindsey O. Graham of South Carolina -- all publicly rebuked the president.

''We believe the president understands Congress's intent in passing, by very large majorities, legislation governing the treatment of detainees," McCain and Warner said in a joint statement. ''The Congress declined when asked by administration officials to include a presidential waiver of the restrictions included in our legislation."

Added Graham: ''I do not believe that any political figure in the country has the ability to set aside any . . . law of armed conflict that we have adopted or treaties that we have ratified."

And in March, when the Globe first wrote about Bush's contention that he could ignore the oversight provisions of the Patriot Act, several Democrats lodged complaints.

Senator Patrick J. Leahy of Vermont, the ranking Democrat on the Senate Judiciary Committee, accused Bush of trying to ''cherry-pick the laws he decides he wants to follow."

And Representatives Jane Harman of California and John Conyers Jr. of Michigan -- the ranking Democrats on the House Intelligence and Judiciary committees, respectively -- sent a letter to Attorney General Alberto R. Gonzales demanding that Bush rescind his claim and abide by the law.

''Many members who supported the final law did so based upon the guarantee of additional reporting and oversight," they wrote. ''The administration cannot, after the fact, unilaterally repeal provisions of the law implementing such oversight. . . . Once the president signs a bill, he and all of us are bound by it."

Lack of court review
Such political fallout from Congress is likely to be the only check on Bush's claims, legal specialists said.

The courts have little chance of reviewing Bush's assertions, especially in the secret realm of national security matters.

''There can't be judicial review if nobody knows about it," said Neil Kinkopf, a Georgia State law professor who was a Justice Department official in the Clinton administration. ''And if they avoid judicial review, they avoid having their constitutional theories rebuked."

Without court involvement, only Congress can check a president who goes too far. But Bush's fellow Republicans control both chambers, and they have shown limited interest in launching the kind of oversight that could damage their party.

''The president is daring Congress to act against his positions, and they're not taking action because they don't want to appear to be too critical of the president, given that their own fortunes are tied to his because they are all Republicans," said Jack Beermann, a Boston University law professor. ''Oversight gets much reduced in a situation where the president and Congress are controlled by the same party."

Said Golove, the New York University law professor: ''Bush has essentially said that 'We're the executive branch and we're going to carry this law out as we please, and if Congress wants to impeach us, go ahead and try it.' "
Bruce Fein, a deputy attorney general in the Reagan administration, said the American system of government relies upon the leaders of each branch ''to exercise some self-restraint." But Bush has declared himself the sole judge of his own powers, he said, and then ruled for himself every time.

''This is an attempt by the president to have the final word on his own constitutional powers, which eliminates the checks and balances that keep the country a democracy," Fein said. ''There is no way for an independent judiciary to check his assertions of power, and Congress isn't doing it, either. So this is moving us toward an unlimited executive power."

End

[Gold9472]

Get the hint?

[PhilosophyGenius]

I'm blind!

[PhilosophyGenius]

I sure hope that Patrick Fitzgerald can keep his calendar clear for the next 10 years or so.

[Rebel Patriot]

the dictatorship is fully in place now. All the machine needs is to be started up and the meat grinding will begin anew.

sad, there will not be a Normandy for America.

[Gold9472]

Three leading Democratic senators attack Bush over 'signing statements'

http://www.rawstory.com/news/2006/Three_leading_Democratic_senators_attack_Bush_0501 .html

Published: Monday May 1, 2006

Three leading Democratic senators blasted President Bush Monday for having claimed he has the authority to defy more than 750 statutes enacted since he took office, saying that the president's legal theories are wrong and that he must obey the law, the BOSTON GLOBE will report in Tuesday papers, RAW STORY has learned.

"We're a government of laws, not men," Senate minority leader Harry Reid, Democrat of Nevada, said in a statement. "It is not for George W. Bush to disregard the Constitution and decide that he is above the law."

Senator Patrick Leahy of Vermont, the ranking Democrat on the Judiciary Committee, accused Bush and Vice President Dick Cheney of attempting to concentrate ever more government power in their own hands.

"The Bush-Cheney administration has cultivated an insidious brand of unilateralism that regularly crosses into an arrogance of power," Leahy said in a statement. "The scope of the administration's assertions of power is stunning, and it is chilling."

Senator Edward M. Kennedy, Democrat of Massachusetts, also warned that the Bush administration, abetted by "a compliant Republican Congress," was undermining the checks and balances that "guard against abuses of power by any single branch of government."

The senators were responding to a report in Sunday's Boston Globe which revealed that Bush had sidestepped some 750 laws

[Gold9472]

Hearing vowed on Bush's powers
Senator questions bypassing of laws

http://www.boston.com/news/nation/washington/articles/2006/05/03/hearing_vowed_on_bushs_powers/

By Charlie Savage, Globe Staff | May 3, 2006

WASHINGTON -- The chairman of the Senate Judiciary Committee, accusing the White House of a "very blatant encroachment" on congressional authority, said yesterday he will hold an oversight hearing into President Bush's assertion that he has the power to bypass more than 750 laws enacted over the past five years.

"There is some need for some oversight by Congress to assert its authority here," Arlen Specter, Republican of Pennsylvania, said in an interview. "What's the point of having a statute if . . . the president can cherry-pick what he likes and what he doesn't like?"

Specter said he plans to hold the hearing in June. He said he intends to call administration officials to explain and defend the president's claims of authority, as well to invite constitutional scholars to testify on whether Bush has overstepped the boundaries of his power.

The senator emphasized that his goal is "to bring some light on the subject." Legal scholars say that, when confronted by a president encroaching on their power, Congress's options are limited. Lawmakers can call for hearings or cut the funds of a targeted program to apply political pressure, or take the more politically charged steps of censure or impeachment.

Specter's announcement followed a report in the Sunday Globe that Bush has quietly asserted the authority to ignore provisions in 750 bills he has signed -- about 1 in 10.

Over the past five years, Bush has stated that he can defy any statute that conflicts with his interpretation of the Constitution. In many instances, Bush cited his role as head of the executive branch or as commander in chief to justify the exemption.

The statutes that Bush has asserted the right to override include numerous rules and regulations for the military, job protections for whistle-blowers who tell Congress about possible government wrongdoing, affirmative action requirements, and safeguards against political interference in federally funded research.

Bush made the claims in "signing statements," official documents in which a president lays out his interpretation of a bill for the executive branch, creating guidelines to follow when it implements the law. The statements are filed without fanfare in the federal record, often following ceremonies in which the president made no mention of the objections he was about to raise in the bill, even as he signed it into law.

Dana Perino, a White House spokeswoman, said via e-mail that if Specter calls a hearing, "by all means we will ensure he has the information he needs." She pointed out that other presidents dating to the 19th century have "on occasion" issued statements that raise constitutional concerns about provisions in new laws.

But while previous presidents did occasionally challenge provisions in laws while signing them, legal scholars say, the frequency and breadth of Bush's use of that power are unprecedented.

Bush is also the first president in modern history who has never vetoed a bill, an act that gives public notice that he is rejecting a law and can be overridden by Congress. Instead, Bush has used signing statements to declare that he can bypass numerous provisions in new laws.

The statements attracted little attention in Congress or the media until recently, when Bush used them to reserve a right to bypass a new torture ban and new oversight provisions in the Patriot Act.

"The problem is that you have a statute, which Congress has passed, and then the signing statements negate that statute," Specter said. "And there are more and more of them coming. If the president doesn't like something, he puts a signing statement on it."

Specter added: "He put a signing statement on the Patriot Act. He put a signing statement on the torture issue. It's a very blatant encroachment on [Congress's constitutional] powers. If he doesn't like the bill, let him veto it."

It was during a Judiciary Committee oversight hearing on the FBI that Specter yesterday announced his intent to hold a hearing on Bush's legal authority. Another committee member, Senator Russ Feingold, Democrat of Wisconsin, also questioned Bush's assertions that he has the authority to give himself an exemption from certain laws.

"Unfortunately, the president's signing statement on the Patriot Act is hardly the first time that he has shown a disrespect for the rule of law," Feingold said. "The Boston Globe reported on Sunday that the president has used signing statements to reserve the right to break the law more than 750 times."

Feingold is an outspoken critic of Bush's assertion that his wartime powers give him the authority to set aside laws. The senator has proposed censuring Bush over his domestic spying program, in which the president secretly authorized the military to wiretap Americans' phones without a warrant, bypassing a 1978 surveillance law.

At the hearing yesterday, Feingold pressed FBI director Robert Mueller to give assurances that the bureau would comply with provisions in the Patriot Act and to tell Congress how agents are using the law to search homes and secretly seize papers.

Mueller said he saw no reason that the bureau couldn't share that information with Congress. But he also said that he was bound to obey the administration, and declined to promise that he would "go out there and fight" on behalf of Congress if Bush decided to override the Patriot Act's oversight provision and ordered the FBI not to brief Congress.

Feingold also said Bush's legal claims have cast a cloud over a host of rules and restrictions that Congress has passed, using its constitutional authority to regulate the executive branch of government.

"How can we know whether the government will comply with the new laws that we passed?" Mueller said. "I'm not placing the blame on you, obviously, or your agents who work to protect this country every day, but how can we have any assurance that you or your agents have not received a secret directive from above requiring you to violate laws that we all think apply today?"

Mueller replied: "I can assure with you with regard to the FBI that our actions would be taken according to appropriate legal authorities."

Specter said that challenging Bush's contention that he can ignore laws written by Congress should be a matter of institutional pride for lawmakers. He also connected Bush's defiance of laws to several Supreme Court decisions in which the justices ruled that Congress had not done enough research to justify a law.

"We're undergoing a tsunami here with the flood coming from the executive branch on one side and the judicial branch on the other," Specter said. "There may as well soon not be a Congress. . . . And I think that most members don't understand what's happening."

[Gold9472]

How Bush redefines the intent of the law
Instead of vetoing bills, he officially disregards portions with which he doesn't agree

http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2006/05/07/SIGNING.TMP

Bob Egelko, Chronicle Staff Writer
Sunday, May 7, 2006

President Bush signed a military spending bill in December that included a hard-fought amendment banning the cruel, inhuman or degrading treatment of foreign prisoners. Then he put a statement in the Federal Register asserting his right to ignore the ban when necessary, in his judgment, to protect Americans from terrorism.

In March, Bush signed a renewal of search and surveillance provisions of the USA Patriot Act and said at a public ceremony that civil liberties would be protected by a series of new amendments. Then he quietly inserted another statement in the Federal Register that virtually nullified one of those amendments, a requirement that the administration report to Congress on the FBI's use of its powers under the Patriot Act to seize library, bookstore and business records.

Civics textbooks say presidents have two choices when Congress passes a bill that's not completely to their liking: They can sign it into law, or they can veto it and let Congress try to override them.

Bush, far more than any of his predecessors, is resorting to a third option: signing a bill while reserving the right to disregard any part of it that he considers an infringement on his executive authority or constitutional powers.

In more than five years in office, the president has never vetoed a bill. But while approving new laws, he has routinely issued signing statements interpreting the legislation in ways that amount to partial vetoes of provisions to which he objects.

White House spokesman Blair Jones insisted that Bush is not trying to undermine the lawmaking authority of Congress, and noted that many past presidents have issued statements on the meaning of bills they sign.

Presidential scholars, in fact, trace signing statements back to the early 19th century. But for much of the nation's history, they have been little more than bureaucratic memos instructing subordinates on the implementation of new laws. Bush has transformed them into declarations of executive supremacy.

According to Christopher Kelley, an assistant professor of political science at Miami University in Ohio who has studied presidential powers, Bush issued 505 statements in his first term objecting to portions of new laws on constitutional grounds. Documents available at the White House Web site indicate that the number since Bush took office now exceeds 700.

By comparison, Kelley said, President Ronald Reagan, the first to use signing statements as an instrument of presidential power, issued 71 such statements in two terms; President George Bush issued 146 in one term; and President Bill Clinton issued 105 in two terms.

The numbers tell only part of the story, said Phillip Cooper, a professor of government administration at Portland State University who has studied signing statements and other executive actions.

"This administration has been much more systematic and much broader in scope'' in signing statements, Cooper said, on its "path to expand presidential powers at the expense of Congress and the courts.''

He said Bush has pursued that goal with a variety of presidential directives and in the electronic surveillance he ordered after Sept. 11, 2001, of international contacts between Americans and alleged terror suspects, without the court warrants required by a 1978 law. When the surveillance program was disclosed by the New York Times in December, the administration said Bush's constitutional powers overrode any congressional authority to require warrants.

Among the most common targets of Bush's signing statements have been laws requiring his administration to disclose information, issue reports, appoint officials with specified qualifications, or consult with Congress on the implementation of a law. Bush has regularly reinterpreted these mandates as "advisory'' measures that he is free to ignore.

Other statements have scuttled affirmative action programs, rejected congressional criteria for spending federal money, and declared that Bush would follow laws affecting international affairs only to the extent that they respected "the constitutional authority of the president to conduct the nation's foreign relations.''

A rare congressional reaction came from Sen. Patrick Leahy, D-Vt., author of the Patriot Act amendments requiring the Justice Department to report to Congress on the FBI's use of its powers to search and seize records.

After learning in March that Bush had asserted authority to withhold the information, Leahy said the president "appears to believe that he can pick and choose which laws to obey and need never submit to congressional oversight.'' He accused Bush of making "a radical effort to reshape the constitutional separation of powers and evade accountability and responsibility for following the law.''

In response, Jones, the White House spokesman, said Bush's bill-signing statements simply affirm that he "will faithfully execute the law in a manner that is consistent with the Constitution. That's the oath he took and the one he keeps.''

The question is who decides -- the president, Congress or the courts -- whether a law is being executed in a manner that is consistent with the Constitution.

The civics-book answer is clear: Congress passes the laws, the president carries them out, and the courts decide whether they're constitutional. And before ruling on the validity of a law, courts traditionally determine its meaning by examining the intent of Congress -- not the president -- as expressed in the language of the statute, congressional debates and committee reports.

Although the courts have not yet decided how much weight, if any, to give to presidential signing statements, most legal scholars doubt a president's authority to reinterpret laws in ways that conflict with congressional intent. One who disagrees, John Eastman, a law professor at Chapman University in Orange County, says his view -- that the president shares constitutional lawmaking power with Congress -- is not widely held.

"A significant majority of our nation's leading constitutional scholars think we have a parliamentary system where the president is a functionary of Congress,'' Eastman said.

The Supreme Court could address the issue in a current case in which the administration has argued, based on a Bush signing statement in December, that a new federal law has stripped courts of jurisdiction over pending appeals from foreigners held at Guantanamo Bay. Sen. Carl Levin, D-Mich., an author of the law, says Congress "considered and rejected" the president's interpretation.

But presidential signing statements are seldom challenged, for two reasons: Congress pays little attention to most of them, and private citizens are usually unable to prove they were harmed by the president's actions, a prerequisite for the right to sue.

Much of the theory behind signing statements can be traced back 20 years to a Reagan administration effort to regain presidential prerogatives lost to Congress after the Watergate scandal of the 1970s. Future Supreme Court Justice Samuel Alito, then a Justice Department lawyer, was among the advocates for a new role for traditionally obscure bill-signing statements.

"The president's understanding of the bill should be just as important as that of Congress,'' Alito said in a February 1986 memo. If presidents used the statements to announce their interpretations, he wrote, "it would increase the power of the executive to shape the law.''

He cautioned, however, that such statements probably "will not be warmly welcomed by Congress.'' Alito advised starting small, with a limited number of bills and with interpretations that avoided direct conflicts with lawmakers.

Asked about the memo at his Supreme Court confirmation hearing in January, Alito stressed that he had been speaking as a lawyer, not a judge.

The Reagan administration made signing statements more prominent, arranging for their publication as part of a bill's legislative history, and in at least one case, persuading the Supreme Court to adopt Reagan's interpretation of a newly signed law, Kelley said.

On the other hand, a Reagan signing statement changing the rules on federal contracting led to lawsuits by contractors and a threat by Congress to cut Justice Department funding before the administration retreated, said Portland State's Cooper.

Clinton had a similar run-in with Congress, and ultimately backed down, after issuing a signing statement in 1999 questioning lawmakers' authority over the appointment of an official to oversee security at nuclear weapons laboratories.

Bush also backpedaled when members of Congress challenged his narrow definition of whistle-blower protections for federal employees in a 2002 signing statement. But that was a rare exception for a president who has "taken every opportunity to push the envelope,'' Cooper said.

In an article for the Presidential Studies Quarterly last September, Cooper wrote that Bush's statements typically give the widest possible scope to presidential powers, and the narrowest scope to congressional powers, and are replete with catch-phrases that may offer barely a clue about how he plans to implement the law.

An example was the March 9 statement on the Patriot Act's FBI reporting requirements, which Bush said he would interpret "in a manner consistent with the president's constitutional authority to supervise the unitary executive branch and to withhold information the disclosure of which would impair foreign relations, national security, the deliberative processes of the executive, or the performance of the executive's constitutional duties.''

Most of those phrases recur in other signing statements, particularly the "unitary executive branch,'' a much-debated concept of absolute presidential control over all federal agencies. Cooper said he found the phrase in 82 Bush signing statements from 2001 through 2004.

Bush's language can be even more opaque. In signing the Export-Import Bank Reauthorization Act of 2002, he said he would implement one section "in a manner consistent with the requirements of equal protection under the Due Process Clause of the Fifth Amendment to the Constitution.''

The phrase, which Cooper found in 15 first-term signing statements, is shorthand for the administration's view that all affirmative action based on race or sex is unconstitutional. In this case, it meant that Bush would not implement a provision requiring the Export-Import Bank to try to increase loans to businesses owned by minorities or women.

Occasionally, a signing statement attracts enough attention to become a public challenge to congressional lawmaking power. That was the case in December, when Bush claimed the authority to disregard Congress' newly enacted ban on cruel, inhuman or degrading treatment of captives held abroad, citing his role as head of the "unitary executive branch'' and his powers as commander in chief.

The measure's authors, Sens. John McCain, R-Ariz., and John Warner, R-Va., responded by promising "strict oversight to monitor the administration's implementation of the new law.'' They didn't explain how they planned to detect abuse at far-flung and sometimes-secret prisons, and so far they have not held any hearings.

Likewise, Leahy, despite his criticism of Bush's Patriot Act signing statement, has not demanded a congressional inquiry. Last week, in response to an article on signing statements in the Boston Globe, Senate Judiciary Committee Chairman Arlen Specter, R-Pa., said he would invite administration officials and legal scholars to a hearing on the topic in June.

"Congress runs a real danger, in the long run, of diminishing (its) prerogatives'' by failing to object forcefully, said Kelley, who generally supports a president's authority to interpret the Constitution. He said Congress should draw the line, at some point, by threatening funding cutoffs or other measures that the president can't ignore.

Bush seems to be succeeding in a strategy "to put forth these extravagant claims and try to intimidate and cow Congress,'' said Bruce Fein, a conservative commentator and former Justice Department official under Reagan. "He can go to court and say Congress remained silent.''

Eastman, of Chapman University, said the critics have it backward. Congress, he said, always wants to tie the president's hands, and Bush is merely defending his constitutional authority.

"He has drawn the same line that every other president has drawn,'' Eastman said. "He is exercising broader powers than other presidents have needed to exercise because he is in the middle of a war.''

Nevertheless, it would be wise to lower the temperature and avoid unnecessary confrontations with Congress, said another administration supporter, Douglas Kmiec, who was a leader in developing signing statements in Reagan's Justice Department.

Signing statements were "intended to let the chief executive exercise some initial control over what his subordinates were doing in the implementation of statutes,'' said Kmiec, now a Pepperdine University law professor. "It's morphed into a general opportunity to say, 'I'm president,' over and over again.''